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Thursday, 28 August 2014

Every Heir Male Will Get Double From Female

LESSON
# 479 FROM HOLY QUR’AN

Every Heir Male Will Get Double From Female

Surah NISAAA’ (WOMEN) - Chapter - 4)

Verses
–11 of 176, Section –2/24 (Part – 4)

Allah commands you concerning (the provision
for) your children: to the male the equivalent of the portion of two females,
and if there be only women more than two, then theirs is two-thirds of the
inheritance, and if there be one (only) then for her is the half. And to each
of the parents a sixth of the inheritance, if he have a son; and if he have
no son and his parents are his heirs, then to his mother appertaineth the
third; but if he have brethren, then to his mother appertaineth the sixth,
after any legacy he may have bequeathed, or debt (hath been paid). Your
parents and your children: Ye know not which of them is nearer unto you in
usefulness. It is an injunction from Allah. Lo! Allah is Knower, Wise.

Yuusii-kum – (commands
you), this word has been derived from wasi-yat,
which means a last will, legacy, command and testament left by any deceased
person. However, in this verse Allah Almighty is commanding directly about the
proportion of the shares for the men, women and the parents.

Division of inheritance is most important maxim
of our social life. Even success of the society is connected with its accurate
distribution. Common principle about the division of the heritage has been
determined here that each male will get double while each female will be given single
portion, whether the male and the female are one and one, or any of them is
more in number.

haz-zil-‘unsa-yayn– (equal to two women), according to certain
Divine Laws, the female has no portion from the inheritance. During the period of
ignorance also, the heritage was used to divide only in the marriageable men.
Against this violence, the voice arose in the present time that the portion
from inheritance should be divided equal between the male and the female.
Islamic Law is among the both in this matter, which has determined the portion
double for the male (men) from the female (women).

Its first reason is that the woman is responsible
only to train the children. She is neither responsible, nor would think about
the livelihood. The male has been held responsible to provide the expenses for
his wife, children and other members of his family. Therefore, it is exactly
reasonable and according to just, that he should be given more portions from
the heritage.

Another reason may be too that the married woman usually
gets dowry from her parents (the portion from her father’s earnings) in
addition to her husband’s inheritance, but the man receives his share only from
one side.

If there are just two girls then their total portion
will be two-third and each of them will get one-third. Then whether the girls
are how more than the two, their collective portion from the heritage will remain
the same i.e. two-third. Remaining one-third share will be given to other kinsfolk
and relatives.

If there is only one girl then she will get half portion of total heritage and remaining half portion will be
distributed to other relatives. But if the relatives etc are not present then
that remaining half will also be given to the girl.

If there is no daughter but only the son (whether
one or more than one), then they will be the heirs of the whole legacy.

Three forms of inheritance for the father and
mother have also been described in this
verse:

1.If the deceased person had children then each of
his parents will get sixth portion from the inheritance.

2.If the dead person had no children, and only
parents are the heirs, then the mother will get one-third while the father two-third.

3.If the late person had brothers and sisters more
than one, whether they are real or only from the father-side or only from the mother-side,
and had no child then the mother will get sixth portion and the remaining
wealth will be given to the father. Brother and sister will get nothing. Moreover,
if he had only one brother or one sister then mother will get one-third and the
two-third will be given to the father.

It is compulsory that the heirs will be given their portion
from the heritage after the payment of late person’s debts and will. Wealth of the
deceased person should be used on his shroud and burial first, then his/her
debts be paid from it, then out of the remaining portion of the property, up to
one third would be used as per the Will of the deceased person. Now, what is
remaining, that should be distributed between the heirs.

After that, Allah Almighty commanded that you do not know about
the person, which of them is nearer unto you in usefulness. It is an injunction
from Allah Almighty, you should not interfere in the fixed portions but the
portion that Allah Almighty has fixed, you should abide by them.

Transliterated Holy Qur’an in Roman Script & Translated from Arabic to English by Marmaduke Pickthall, Published by Paak Company, 17-Urdu Bazar, Lahore, Lesson collected from Dars e Qur’an published By Idara Islah wa Tableegh, Lahore (translated
Urdu to English by Muhammad Sharif).